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Open Texture And The Possibility Of Legal Interpretation, David B. Lyons
Open Texture And The Possibility Of Legal Interpretation, David B. Lyons
Faculty Scholarship
This essay concerns the possibility of interpreting law. It is always possible to interpret law in the weak sense, which assigns meaning it is not assumed the law previously possessed. My concern here is interpretation in the strong sense, which, if successful, reveals meaning that lies hidden in the law. Theories of legal interpretation have recently received much theoretical attention. The received theory of law's open texture suggests that this interest is misplaced.
The Connection Between Law And Morality: Comments On Dworkin, David B. Lyons
The Connection Between Law And Morality: Comments On Dworkin, David B. Lyons
Faculty Scholarship
Our discussions yesterday seemed haunted by a contrast--never quite formulated--between Natural Law and Legal Positivism. The standard interpretation turns on the idea of a "necessary connection" between law and morality. Positivism has often been understood to hold, and Natural Law to deny, that there can be unjust laws.